Home How Long Do I Have to Contest a Will?

How Long Do I Have to Contest a Will?

Press Release: March 05, 2016

A Will in ‘Last Will and Testament’ is a legal declaration by which the testator names one or more people to manage their estate and provides for the distribution of their property upon their death.

Opting for contesting a Will when you have reasons to believe that there may possibly something missing with it but you're not happy with the amount of your inheritance in such case you simply can not contest a will.

Grounds/reasons to contesting a Will:

1. When the Deceased failed to honour promises under a Will
2. When a will fails to leave adequate financial provision
3. What is a caveat?
4. Undue influence
5. Lack of capacity claims
6. Valid Will
7. What is contentious probate?
8. Rectification and construction claims

Contest a Will under the Inheritance (Provision for Family & Dependants) Act 1975 can only be made if the deceased died domiciled in England and Wales. There are six kinds of people who are able to contest a will. Spouse, Ex-spouse who hasn’t remarried, Children, Step-children, Partner who lived with the deceased for more than two years and other dependants.

As per law, you have only 6 months from the date of grant of probate to contest a Will on the grounds that the deceased has made inadequate provision for you. However, contesting a Will time limit for a claim under the Inheritance Act differing time limits vary depending upon the type of dispute, however as a general guide these are the important time limits you need to be aware and are governed under the Limitation Act 1980.

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